Recording Meetings – What are the rules?

We are increasingly seeing workers posting videos of resignations and dismissals online or sharing photos taken in the workplace. Many are done to raise a snigger or to get a “like” but often, for the employer, they are no laughing matter!

Whilst some photos are well intended, such as those used to promote your business on LinkedIn, generally in HR, we only get to hear about the ones that are causing an issue. This is especially the case when other employees may have been recorded or photographed without their knowledge or the posts have the potential to cause problems for your business such as reputation damage.  The last thing any employer needs is images of their staff, often in branded workwear being shared on social media for the wrong reasons.

Reducing the risk

Holding a meeting with an employee face to face, will reduce the risk that you’re being filmed covertly. However, this may not prevent the meeting being recorded, but this is less likely to find it’s way on to social media. 

Can I stop employees posting workplace recordings or images online?

Yes, and the best way of reducing the risk of covert recordings or photos is to ensure your social media policy is explicit and states that employees are not to post anything that could be potentially detrimental to your business. As part of our retained HR service, we support clients with creating Employee Handbooks that include policies and procedures to ensure your employees know what is expected of them and you as their employer.

Gaining consent

At the start of all meetings, you should state that you do not consent to the meeting being recorded and ask your employees to turn off all devices.

If you intend to record a meeting, for the record, then you must obtain consent from your employee. 

If an employee covertly records you, is it a sackable offence?

Not necessarily, you would need to consider their reasons and intentions regarding the recording. It’s advisable to review your procedures, and state explicitly that covertly recording meetings may be viewed as gross misconduct. This will strengthen your case if you decide to discipline and dismiss an employee.

Will a tribunal accept a covert recording as evidence?

A covert recording may well be admissible in legal proceedings, particularly if the employee can show it is relevant. The employee may say that the recording was made to protect them from the risk of misrepresentation or to enable them to take legal advice, in which case a Judge is more likely to accept the recording as evidence. 

If you would like further guidance on making sure your policies are robust or are concerned about employees making covert recordings, then contact the team at Spectra HR for expert advice.